S.F. 2239 DIVISION I 1 ELDER ABUSE RESPONSE INITIATIVE 2 Section 1. NEW SECTION . 231G.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Abuse” means the knowing infliction of physical or 6 psychological harm or the knowing deprivation of goods or 7 services that are necessary to meet essential needs or to avoid 8 physical or psychological harm. “Abuse” includes but is not 9 limited to: 10 a. Physical injury to, or injury which is at a variance with 11 the history given of the injury, or unreasonable confinement, 12 unreasonable punishment, or assault of an older individual. 13 b. The commission of a sexual offense under chapter 709 or 14 section 726.2 with or against an older individual. 15 c. The commission of elder abuse assault under section 16 708.2D. 17 2. “Aging and disability resource center” means the same as 18 defined in section 231.4. 19 3. “Area agency on aging” means the same as defined in 20 section 231.4. 21 4. “Attorney in fact” means an attorney in fact under a 22 power of attorney pursuant to chapter 633B or an attorney in 23 fact under a durable power of attorney for health care pursuant 24 to chapter 144B. 25 5. “Caregiver” means an individual who has the 26 responsibility for the care or custody of an older individual, 27 whether voluntarily, by contract, through employment, or as a 28 result of the operation of law, and includes but is not limited 29 to a family member or other individual who provides compensated 30 or uncompensated care to an older individual. “Caregiver” does 31 not include a caretaker as defined in section 235E.1. 32 6. “Conservator” means the same as defined in section 633.3. 33 7. “Department” means the department on aging. 34 8. “Director” means the director of the department on aging. 35 -1- SF 2239 (3) 85 pf/nh/jh 1/ 46

S.F. 2239 9. “Elder abuse” means the abuse, neglect, or financial 1 exploitation of an older individual. “Elder abuse” does not 2 include any of the following: 3 a. Circumstances in which an older individual declines 4 medical treatment if the older individual holds a belief or is 5 an adherent of a religion whose tenets and practices call for 6 reliance on spiritual means in place of reliance on medical 7 treatment. 8 b. Circumstances in which an older individual’s caregiver 9 or fiduciary, acting in accordance with the older individual’s 10 stated or implied consent, declines medical treatment if the 11 older individual holds a belief or is an adherent of a religion 12 whose tenets and practices call for reliance on spiritual means 13 in place of reliance on medical treatment. 14 c. The withholding or withdrawing of medical treatment 15 from an older individual who is terminally ill in the opinion 16 of a licensed physician, when the withholding or withdrawing 17 of medical treatment is done at the request of the older 18 individual or at the request of the older individual’s next of 19 kin, attorney in fact, or guardian pursuant to the applicable 20 procedures under chapter 125, 144A, 144B, 222, 229, or 633. 21 10. “Elder abuse assault” means the same as defined in 22 section 708.2D. 23 11. “Emergency shelter services” means and includes but is 24 not limited to secure crisis shelters or housing for a victim 25 of elder abuse. 26 12. “Federal Act” means the Older Americans Act of 1965, 42 27 U.S.C. §3001 et seq., as amended. 28 13. “Fiduciary” means a person or entity with the legal 29 responsibility to make decisions on behalf of and for the 30 benefit of an older individual and to act in good faith and 31 with fairness. “Fiduciary” includes a guardian, trustee, 32 executor, administrator, receiver, conservator, attorney 33 in fact, representative payee, or any person acting in any 34 fiduciary capacity for or on behalf of an older individual. 35 -2- SF 2239 (3) 85 pf/nh/jh 2/ 46

S.F. 2239 14. “Financial exploitation” means financial exploitation 1 as provided in section 726.24. 2 15. “Guardian” means the same as defined in section 633.3. 3 16. “Interfere with” means to interpose in a manner that 4 hinders or impedes or to take part in concerns of others. 5 17. “Intimidate” means to compel or deter conduct by a 6 threat. 7 18. “Menace” means to show intention to harm or to act in 8 threatening manner. 9 19. “Molest” means to annoy, disturb, or persecute, 10 especially with hostile intent or injurious effect, and 11 includes general harassment. 12 20. “Neglect” means the failure of a caregiver or fiduciary 13 to provide adequate food, shelter, clothing, supervision, 14 physical or mental health care, or goods or services necessary 15 to maintain the life, health, or safety of an older individual, 16 which if not provided would constitute denial of critical care. 17 21. “Older individual” means an individual who is sixty 18 years of age or older. 19 22. “Peace officer” means the same as defined in section 20 801.4. 21 23. “Physical harm” means bodily injury, impairment, or 22 disease. 23 24. “Plaintiff” means an older individual who files 24 a petition under this chapter and includes a substitute 25 petitioner who files a petition on behalf of an older 26 individual under this chapter. 27 25. “Present danger of elder abuse” means a situation 28 in which the defendant has recently threatened the older 29 individual with initial or additional elder abuse, or the 30 potential for misappropriation, misuse, or removal of the 31 benefits, property, resources, belongings, or assets of the 32 older individual. 33 26. “Pro se” means a person proceeding on the person’s own 34 behalf without legal representation. 35 -3- SF 2239 (3) 85 pf/nh/jh 3/ 46

S.F. 2239 27. “Psychological harm” means the infliction of anguish, 1 emotional pain, or distress through verbal or nonverbal acts. 2 28. “Substitute petitioner” means the guardian, conservator, 3 attorney in fact, or guardian ad litem for an older individual 4 who files a petition under this chapter. 5 29. “Undue influence” means taking advantage of a person’s 6 role, relationship, or authority to improperly change or 7 obtain control over the actions or decision making of an older 8 individual. 9 Sec. 2. NEW SECTION . 231G.2 Elder abuse resource and 10 referral program. 11 1. The department shall establish and operate an elder abuse 12 resource and referral program. The purposes of the program 13 are: 14 a. To empower older individuals to maximize their autonomy. 15 b. To recognize the rights of older individuals, including 16 the right to be free of abuse, neglect, and financial 17 exploitation. 18 c. To increase the awareness of elder abuse and provide 19 options for older individuals at risk of elder abuse. 20 d. To provide a mechanism to address prevention and 21 detection of and intervention in cases of abuse, neglect, and 22 financial exploitation of older individuals. 23 2. The department shall utilize the area agencies on aging 24 to implement the program in each designated planning and 25 service area. Each area agency on aging shall designate an 26 elder rights specialist to administer the local program. The 27 elder rights specialist shall assemble a local collaborative 28 of partners and stakeholders to coordinate services for older 29 individuals through the program. The local collaborative shall 30 include individuals who possess knowledge and skills related 31 to older individuals or elder abuse and who are professionals 32 practicing in the disciplines of medicine, nursing, geriatrics, 33 public health, mental health, social work, gerontology, 34 law, law enforcement, or other disciplines relative to older 35 -4- SF 2239 (3) 85 pf/nh/jh 4/ 46

S.F. 2239 individuals. The local collaborative shall include but is not 1 limited to persons representing the area agencies on aging, 2 the office of the attorney general, county attorneys, health 3 care providers, law enforcement, service providers, and other 4 community resources and persons involved in advocating for or 5 providing services to older individuals. 6 3. The aging and disability resource center network shall 7 act as the primary point of entry for individuals seeking 8 information and assistance regarding elder abuse. The primary 9 point of entry shall be implemented in a manner that does not 10 conflict with existing mandatory and permissive reporting 11 provisions specified under chapters 235B and 235E. 12 4. The program shall include a public education component 13 to increase awareness regarding elder abuse and the services 14 provided through the program. 15 5. The program shall include a component that utilizes 16 the local collaborative to provide a coordinated response to 17 referrals of suspected elder abuse. Any referral of suspected 18 elder abuse received by the program may be transmitted to 19 the office of the attorney general and the appropriate law 20 enforcement agency and county attorney. The program shall 21 cooperate with and provide information to the office of 22 the attorney general, law enforcement agencies, and county 23 attorneys upon request. 24 6. All program records that disclose the identity of an 25 older individual seeking information or receiving services 26 shall be maintained as confidential records pursuant to section 27 22.7 and shall not be disclosed except with the written consent 28 of the older individual or the older individual’s guardian, 29 conservator, or attorney in fact, or if required by court 30 order. The department shall have access to program records. 31 7. The department shall adopt rules to administer the 32 program including rules regarding qualifications for elder 33 rights specialists, and intake, assessment, care plans, 34 referral of cases, and the provision of information sharing and 35 -5- SF 2239 (3) 85 pf/nh/jh 5/ 46

S.F. 2239 case consultation among those involved in intake, assessment, 1 investigation, diagnosis, disposition, and service delivery 2 related to older individuals through the program. 3 Sec. 3. NEW SECTION . 231G.3 Commencement of actions —— 4 waiver to juvenile court. 5 1. An older individual, or the guardian, conservator, 6 attorney in fact, or guardian ad litem of an older individual, 7 may seek relief from elder abuse by filing a verified petition 8 in the district court. Venue shall lie where either party 9 resides. The petition shall state all of the following: 10 a. The name of the older individual and the name and address 11 of the older individual’s attorney, if any. If the older 12 individual is proceeding pro se, the petition shall state a 13 mailing address for the older individual. A mailing address 14 may be provided by the older individual pursuant to section 15 231G.12. 16 b. The name of the substitute petitioner if the petition 17 is being filed on behalf of an older individual, and the name 18 and address of the attorney of the substitute petitioner. If 19 the substitute petitioner is proceeding pro se, the petition 20 shall state a mailing address for the substitute petitioner. A 21 mailing address may be provided by the substitute petitioner 22 pursuant to section 231G.12. 23 c. The name and address, if known, of the defendant. 24 d. The relationship of the older individual to the 25 defendant. 26 e. The nature of the alleged elder abuse. 27 f. The name and age of any other individual whose welfare 28 may be affected. 29 g. The desired relief, including a request for temporary or 30 emergency orders. 31 2. A temporary or emergency order shall be based on a 32 showing of a prima facie case of elder abuse. If the factual 33 basis for the alleged elder abuse is contested, the court shall 34 issue a protective order based upon a finding of elder abuse by 35 -6- SF 2239 (3) 85 pf/nh/jh 6/ 46

S.F. 2239 a preponderance of the evidence. 1 3. a. The filing fee and court costs for an order for 2 protection and in a contempt action resulting from an order 3 granted under this chapter or chapter 664A shall be waived for 4 the plaintiff. 5 b. The clerk of court, the sheriff of any county in this 6 state, and other law enforcement and corrections officers shall 7 perform their duties relating to service of process without 8 charge to the plaintiff. 9 c. When an order for protection is entered by the court, 10 the court may direct the defendant to pay to the clerk of court 11 the fees for the filing of the petition and reasonable costs of 12 service of process if the court determines the defendant has 13 the ability to pay the plaintiff’s fees and costs. 14 d. In lieu of personal service of an order for protection 15 issued pursuant to this section, the sheriff of any county 16 in the state, and any other law enforcement and corrections 17 officers may serve a defendant with a short-form notification 18 pursuant to section 664A.4A. 19 4. If the person against whom relief from elder abuse is 20 being sought is seventeen years of age or younger, the district 21 court shall waive its jurisdiction over the action to the 22 juvenile court. 23 5. If a substitute petitioner files a petition under this 24 section on behalf of an older individual, the older individual 25 shall retain the right to all of the following: 26 a. To contact and retain counsel. 27 b. To have access to personal records. 28 c. To file objections to the protective order. 29 d. To request a hearing on the petition. 30 e. To present evidence and cross-examine witnesses at the 31 hearing. 32 6. The relief provided under this chapter shall not be 33 available if the action involves a guardian or conservator 34 of the older individual and the relief sought is more 35 -7- SF 2239 (3) 85 pf/nh/jh 7/ 46

S.F. 2239 appropriately obtained in a protective proceeding filed under 1 chapter 633. 2 Sec. 4. NEW SECTION . 231G.4 Plaintiffs proceeding pro se —— 3 provision of forms and assistance. 4 1. The department of justice shall prescribe standard forms 5 to be used by older individuals or substitute petitioners 6 seeking protective orders by proceeding pro se in actions 7 under this chapter. The standard forms shall include language 8 in fourteen point boldface type. Standard forms prescribed 9 by the department of justice shall be the exclusive forms 10 used by plaintiffs proceeding pro se under this chapter. The 11 department of justice shall distribute the forms to the clerks 12 of the district courts. 13 2. The clerk of the district court shall furnish the 14 required forms to persons seeking protective orders through pro 15 se proceedings pursuant to this chapter. 16 Sec. 5. NEW SECTION . 231G.5 Assistance by county attorney. 17 A county attorney’s office may provide assistance to a 18 person wishing to initiate proceedings pursuant to this chapter 19 or to a plaintiff at any stage of a proceeding under this 20 chapter if the plaintiff does not have sufficient funds to pay 21 for legal assistance and if the assistance does not create 22 a conflict of interest for the county attorney’s office. 23 The assistance provided may include but is not limited to 24 assistance in obtaining or completing forms, filing a petition 25 or other necessary pleading, presenting evidence to the court, 26 and enforcing the orders of the court entered pursuant to this 27 chapter. Providing assistance pursuant to this section shall 28 not be considered the private practice of law for the purposes 29 of section 331.752. 30 Sec. 6. NEW SECTION . 231G.6 Appointment of guardian ad 31 litem. 32 The court may on its own motion or on the motion of a party 33 appoint a guardian ad litem for an older individual if justice 34 requires. The older individual’s attorney shall not also serve 35 -8- SF 2239 (3) 85 pf/nh/jh 8/ 46

S.F. 2239 as the guardian ad litem. 1 Sec. 7. NEW SECTION . 231G.7 Hearings —— temporary orders. 2 1. Not less than five and not more than fifteen days after 3 commencing a proceeding and upon notice to the other party, a 4 hearing shall be held at which the plaintiff must prove the 5 allegation of elder abuse by a preponderance of the evidence. 6 2. The court may enter any temporary order it deems 7 necessary to protect the older individual from elder abuse 8 prior to the hearing, upon good cause shown in an ex parte 9 proceeding. Present danger of elder abuse constitutes good 10 cause for purposes of this subsection. A temporary order 11 issued pursuant to this subsection shall specifically include 12 notice that the defendant may be required to relinquish all 13 firearms, offensive weapons, and ammunition upon the issuance 14 of a permanent order pursuant to section 231G.8. 15 3. If a hearing is continued, the court may make or extend 16 any temporary order under subsection 2 that it deems necessary. 17 4. Upon application of a party, the court shall issue 18 subpoenas requiring attendance and testimony of witnesses and 19 production of papers. 20 5. The court shall advise the defendant of a right to be 21 represented by counsel of the defendant’s choosing and to have 22 a continuance to secure counsel. 23 6. The showing required under subsection 1 may be made by, 24 but is not limited to the testimony at the hearing of, any of 25 the following: 26 a. The older individual. 27 b. The guardian, conservator, attorney in fact, or guardian 28 ad litem of the older individual. 29 c. Witnesses to the elder abuse. 30 d. Adult protective services workers who have conducted an 31 investigation. 32 7. The hearing may be held in person, telephonically, or 33 electronically. If the defendant or plaintiff seeks to raise 34 an issue at the hearing not previously raised, the defendant or 35 -9- SF 2239 (3) 85 pf/nh/jh 9/ 46

S.F. 2239 plaintiff is entitled to reasonable continuance for the purpose 1 of preparing a response to the issue. 2 8. The court shall exercise its discretion in a manner that 3 protects the older individual from traumatic confrontation with 4 the defendant. 5 9. Hearings shall be recorded. 6 Sec. 8. NEW SECTION . 231G.8 Disposition. 7 1. Upon a finding that the defendant has engaged in elder 8 abuse, the court shall, if requested by the plaintiff, order 9 any of the following: 10 a. That the defendant be required to move from the residence 11 of the older individual if both the older individual and the 12 defendant are titleholders or contract holders of record of the 13 real property, are named as tenants in the rental agreement 14 concerning the use and occupancy of the dwelling unit, or are 15 married to each other. 16 b. That the defendant provide suitable alternative housing 17 for the older individual. 18 c. That a peace officer accompany the party who is leaving 19 or has left the party’s residence to remove essential personal 20 effects of the party. 21 d. That the defendant be restrained from abusing, 22 intimidating, molesting, interfering with, or menacing the 23 older individual, or attempting to abuse, intimidate, molest, 24 interfere with, or menace the older individual. 25 e. That the defendant be restrained from entering or 26 attempting to enter on any premises when it appears to the 27 court that such restraint is necessary to prevent the defendant 28 from abusing, intimidating, molesting, interfering with, or 29 menacing the older individual. 30 f. That the defendant be restrained from exercising 31 any powers on behalf of the older individual through a 32 court-appointed guardian, conservator, or guardian ad litem, an 33 attorney in fact, or another third party. 34 g. That the defendant be restrained from owning, possessing, 35 -10- SF 2239 (3) 85 pf/nh/jh 10/ 46

S.F. 2239 purchasing, receiving, or attempting to receive a firearm, 1 offensive weapon, or ammunition. 2 h. In addition to the relief provided in subsection 2, other 3 relief that the court considers necessary to provide for the 4 safety and welfare of the older individual. 5 2. If the court finds that the older individual has been 6 the victim of financial exploitation, the court may order the 7 relief the court considers necessary to prevent or remedy the 8 financial exploitation, including but not limited to any of the 9 following: 10 a. Directing the defendant to refrain from exercising 11 control over the benefits, property, resources, belongings, or 12 assets of the older individual. 13 b. Requiring the defendant to return custody or control of 14 the benefits, property, resources, belongings, or assets to the 15 older individual. 16 c. Requiring the defendant to follow the instructions of 17 the guardian, conservator, or attorney in fact of the older 18 individual. 19 d. Prohibiting the defendant from transferring the benefits, 20 property, resources, belongings, or assets of the older 21 individual to any person other than the older individual. 22 3. The court shall not use an order issued under this 23 section to do any of the following: 24 a. To allow any person other than the older individual to 25 assume responsibility for the benefits, property, resources, 26 belongings, or assets of the older individual. 27 b. For relief that is more appropriately obtained in a 28 protective proceeding filed under chapter 633 including but 29 not limited to giving control and management of the benefits, 30 property, resources, belongings, or assets of the older 31 individual to a guardian, conservator, or attorney in fact for 32 any purpose other than the relief granted under subsection 2. 33 4. The court may approve a consent agreement between the 34 parties entered to bring about the cessation of elder abuse. A 35 -11- SF 2239 (3) 85 pf/nh/jh 11/ 46

S.F. 2239 consent agreement approved under this section shall not contain 1 any of the following: 2 a. A provision that prohibits any party to the action 3 from contacting or cooperating with any government agency 4 including the department of human services, the department 5 of inspections and appeals, the department on aging, the 6 department of justice, law enforcement, and the office of 7 long-term care ombudsman; a licensing or regulatory agency 8 that has jurisdiction over any license or certification held 9 by the defendant; a protection and advocacy agency recognized 10 in section 135C.2; or the defendant’s current employer if the 11 defendant’s professional responsibilities include contact with 12 older individuals, dependent adults, or minors, if the party 13 contacting or cooperating has a good-faith belief that the 14 information is relevant to the duties or responsibilities of 15 the entity. 16 b. A provision that prohibits any party to the action from 17 filing a complaint with or reporting a violation of law to any 18 government agency including the department of human services, 19 the department of inspections and appeals, the department on 20 aging, the department of justice, law enforcement, and the 21 office of long-term care ombudsman; a licensing or regulatory 22 agency that has jurisdiction over any license or certification 23 held by the defendant; a protection and advocacy agency 24 recognized in section 135C.2; or the defendant’s current 25 employer. 26 c. A provision that requires any party to the action to 27 withdraw a complaint filed with or a violation reported to any 28 government agency including the department of human services, 29 the department of inspections and appeals, the department on 30 aging, the department of justice, law enforcement, and the 31 office of long-term care ombudsman; a licensing or regulatory 32 agency that has jurisdiction over any license or certification 33 held by the defendant; a protection and advocacy agency 34 recognized in section 135C.2; or the defendant’s current 35 -12- SF 2239 (3) 85 pf/nh/jh 12/ 46

S.F. 2239 employer. 1 5. A protective order or approved consent agreement shall be 2 for a fixed period of time not to exceed one year. The court 3 may amend or extend its order or a consent agreement at any 4 time upon a petition filed by either party and after notice 5 and hearing. The court may extend the order if the court, 6 after a hearing at which the defendant has the opportunity to 7 be heard, finds that the defendant continues to pose a threat 8 to the safety of the older individual, persons residing with 9 the older individual, or members of the older individual’s 10 immediate family, or continues to present a risk of financial 11 exploitation of the older individual. The number of extensions 12 that may be granted by the court is not limited. 13 6. The order shall state whether a person is to be taken 14 into custody by a peace officer for a violation of the terms 15 stated in the order. 16 7. The court may order that the defendant pay the attorney 17 fees and court costs. 18 8. An order or approved consent agreement under this section 19 shall not affect title to real property. 20 9. A copy of any order or approved consent agreement shall 21 be issued to the plaintiff, the defendant, the county sheriff 22 of the county in which the order or consent decree is initially 23 entered, and the twenty-four-hour dispatcher for the county 24 sheriff. Any subsequent amendment or revocation of an order 25 or consent agreement shall be forwarded by the clerk to all 26 individuals previously notified. 27 10. The clerk shall notify the county sheriff and the 28 twenty-four-hour dispatcher for the county sheriff in writing 29 so that the county sheriff and the county sheriff’s dispatcher 30 receive written notice within six hours of filing the order, 31 approved consent agreement, amendment, or revocation. The 32 clerk may fulfill this requirement by sending the notice by 33 facsimile or other electronic transmission which reproduces the 34 notice in writing within six hours of filing the order. 35 -13- SF 2239 (3) 85 pf/nh/jh 13/ 46

S.F. 2239 11. The county sheriff’s dispatcher shall notify all 1 law enforcement agencies having jurisdiction over the matter 2 and the twenty-four-hour dispatcher for the law enforcement 3 agencies upon notification by the clerk. 4 Sec. 9. NEW SECTION . 231G.9 Emergency orders. 5 1. When the court is unavailable from the close of business 6 at the end of the day or week to the resumption of business 7 at the beginning of the day or week, a petition may be filed 8 before a district judge, or district associate judge designated 9 by the chief judge of the judicial district, who may grant 10 emergency relief in accordance with section 231G.8, subsection 11 1 or 2, if the district judge or district associate judge deems 12 it necessary to protect the older individual from elder abuse, 13 upon good cause shown in an ex parte proceeding. Present 14 danger of elder abuse constitutes good cause for purposes of 15 this subsection. 16 2. An emergency order issued under subsection 1 shall expire 17 seventy-two hours after issuance. When the order expires, the 18 plaintiff may seek a temporary order from the court pursuant 19 to section 231G.7. 20 3. A petition filed and emergency order issued under this 21 section and any documentation in support of the petition 22 and order shall be immediately certified to the court. The 23 certification shall commence a proceeding for purposes of 24 section 231G.3. 25 Sec. 10. NEW SECTION . 231G.10 Procedure. 26 1. A proceeding under this chapter shall be held in 27 accordance with the rules of civil procedure, except as 28 otherwise set forth in this chapter and in chapter 664A, and is 29 in addition to any other civil or criminal remedy. 30 2. The plaintiff’s right to relief under this chapter is not 31 affected by leaving the older individual’s home to avoid elder 32 abuse. 33 Sec. 11. NEW SECTION . 231G.11 Elder abuse information. 34 1. The department shall collect and maintain information on 35 -14- SF 2239 (3) 85 pf/nh/jh 14/ 46

S.F. 2239 incidents involving elder abuse. The department shall design 1 and implement a uniform method of collecting data on elder 2 abuse from entities involved in the prevention, detection, 3 reporting, investigation of and intervention in cases of abuse, 4 neglect, and financial exploitation of older individuals. 5 2. The department shall compile statistics and issue 6 reports on elder abuse in Iowa, provided individual identifying 7 details of the elder abuse are deleted. The statistics and 8 reports may include nonidentifying information on the personal 9 characteristics of perpetrators and victims and shall be made 10 electronically accessible to the public. The department 11 may request the cooperation of the department of justice 12 in compiling the statistics and issuing the reports. The 13 department of justice shall provide to the department, without 14 charge, all information and documentation requested for this 15 purpose. The department may provide nonidentifying information 16 on individual incidents of elder abuse to persons conducting 17 bona fide research, including but not limited to personnel of 18 the department of justice. 19 Sec. 12. NEW SECTION . 231G.12 Plaintiff address —— 20 confidentiality of records. 21 1. A plaintiff seeking relief under this chapter may use any 22 of the following addresses as a mailing address for purposes 23 of filing a petition under this chapter, as well as for the 24 purpose of obtaining any utility or other service: 25 a. The mailing address of a shelter or other agency. 26 b. A public or private post office box. 27 c. Any other mailing address, with the permission of the 28 resident of that address. 29 2. A plaintiff shall report any change of address, whether 30 designated according to subsection 1 or otherwise, to the clerk 31 of court no more than five days after the previous address on 32 record becomes invalid. 33 3. The entire file or a portion of the file in an elder 34 abuse action shall be sealed by the clerk of court as ordered 35 -15- SF 2239 (3) 85 pf/nh/jh 15/ 46

S.F. 2239 by the court to protect the privacy interest or safety of any 1 person. 2 4. Notwithstanding subsection 3, court orders shall remain 3 public records, although the court may order that address and 4 location information be redacted from the public records. 5 Sec. 13. NEW SECTION . 231G.13 Duties of peace officer —— 6 magistrate. 7 1. A peace officer shall use every reasonable means to 8 enforce an order or court-approved consent agreement entered 9 under this chapter or chapter 664A, or to enforce an order that 10 establishes conditions of release or is a protective order or 11 sentencing order in a criminal prosecution arising from elder 12 abuse assault under section 708.2D. If a peace officer has 13 reason to believe that elder abuse has occurred, the peace 14 officer shall ask the older individual if any prior orders 15 exist, and shall contact the twenty-four-hour dispatcher to 16 inquire if any prior orders exist. If a peace officer has 17 probable cause to believe that a person has violated an order 18 or approved consent agreement entered under this chapter or 19 chapter 664A, or an order establishing conditions of release 20 or a protective or sentencing order in a criminal prosecution 21 arising from elder abuse assault pursuant to section 708.2D, 22 the peace officer shall take the person into custody and shall 23 take the person without unnecessary delay before the nearest or 24 most accessible magistrate in the judicial district in which 25 the person was taken into custody. The magistrate shall make 26 an initial preliminary determination whether there is probable 27 cause to believe that an order or consent agreement existed and 28 whether the person taken into custody has violated its terms. 29 The magistrate’s decision shall be entered in the record. 30 2. If a peace officer has probable cause to believe 31 that a person has violated an order or approved consent 32 agreement entered under this chapter or chapter 664A, or an 33 order establishing conditions of release or a protective 34 or sentencing order in a criminal prosecution arising from 35 -16- SF 2239 (3) 85 pf/nh/jh 16/ 46

S.F. 2239 elder abuse assault pursuant to section 708.2D, and the peace 1 officer is unable to take the person into custody within 2 twenty-four hours of making the probable cause determination, 3 the peace officer shall either request a magistrate to make a 4 determination as to whether a rule to show cause or an arrest 5 warrant should be issued, or refer the matter to the county 6 attorney. 7 3. If the magistrate finds probable cause, the magistrate 8 shall order the person to appear either before the court which 9 issued the original order or approved the consent agreement, 10 or before the court in the jurisdiction where the alleged 11 violation took place, at a specified time not less than five 12 days nor more than fifteen days after the initial appearance 13 under this section. The magistrate shall cause the original 14 court to be notified of the contents of the magistrate’s order. 15 4. A peace officer shall not be held civilly or criminally 16 liable for acting pursuant to this section provided that the 17 peace officer acts in good faith, on probable cause, and the 18 officer’s acts do not constitute a willful and wanton disregard 19 for the rights or safety of another. 20 Sec. 14. NEW SECTION . 231G.14 Prevention of further elder 21 abuse —— notification of rights —— arrest —— liability. 22 1. If a peace officer has reason to believe that elder abuse 23 has occurred, the officer shall use all reasonable means to 24 prevent further elder abuse including but not limited to the 25 following: 26 a. If requested, remaining on the scene as long as there 27 is a danger to an older individual’s physical safety without 28 the presence of a peace officer, including but not limited to 29 staying in the dwelling unit, or if unable to remain on the 30 scene, assisting the older individual in leaving the residence. 31 b. Assisting an older individual in obtaining necessary 32 medical treatment resulting from the elder abuse, including 33 providing assistance to the older individual in obtaining 34 transportation to the emergency department of the nearest 35 -17- SF 2239 (3) 85 pf/nh/jh 17/ 46

S.F. 2239 hospital. 1 c. Providing an older individual with immediate and 2 adequate notice of the older individual’s rights. The notice 3 shall consist of handing the older individual a document that 4 includes the telephone numbers of the department, the local 5 area agency on aging, the aging and disability resource center 6 network, advocacy and support groups, and emergency shelters. 7 The peace officer shall ask the older individual to read the 8 document and ask whether the older individual understands the 9 rights described in the document. The document shall contain a 10 copy of the following statement written in English and Spanish: 11 (1) You have the right to ask the court for help keeping 12 your abuser away from you, your home, your place of employment, 13 and any other places you may be. 14 (2) You have the right to stay at your home without 15 interference from your abuser. 16 (3) You have the right to control and have custody of your 17 benefits, property, resources, belongings, and assets. 18 (4) You have the right to seek help from the court to seek 19 a protective order with or without the assistance of legal 20 representation. You have the right to seek help from the 21 courts without the payment of court costs if you do not have 22 sufficient funds to pay the costs. 23 (5) You have the right to file criminal charges for threats, 24 assaults, or other related crimes. 25 (6) You have the right to seek restitution against your 26 abuser for harm to yourself or your property. 27 (7) If you are in need of medical treatment, you have 28 the right to request that the officer present assist you in 29 obtaining transportation to the nearest hospital or otherwise 30 assist you. 31 (8) If you believe that police protection is needed for your 32 physical safety you have the right to request that the officer 33 present remain at the scene until you and other affected 34 parties can leave or until safety is otherwise ensured. 35 -18- SF 2239 (3) 85 pf/nh/jh 18/ 46

S.F. 2239 2. a. A peace officer may, with or without a warrant, 1 arrest a person under section 708.2D, subsection 2, paragraph 2 “a” , if, upon investigation, including a reasonable inquiry of 3 the older individual and other witnesses, if any, the officer 4 has probable cause to believe that an elder abuse assault has 5 been committed which did not result in any injury to the older 6 individual. 7 b. A peace officer shall, with or without a warrant, arrest 8 a person under section 708.2D, subsection 2, paragraph “b” , 9 if, upon investigation, including a reasonable inquiry of the 10 older individual and other witnesses, if any, the officer has 11 probable cause to believe that an elder abuse assault has been 12 committed which resulted in the older individual suffering a 13 bodily injury. 14 c. A peace officer shall, with or without a warrant, arrest 15 a person under section 708.2D, subsection 2, paragraph “c” , 16 if, upon investigation, including a reasonable inquiry of the 17 older individual and other witnesses, if any, the officer has 18 probable cause to believe that an elder abuse assault has 19 been committed with the intent to inflict a serious injury as 20 defined in section 702.18. 21 d. A peace officer shall, with or without a warrant, arrest 22 a person under section 708.2D, subsection 2, paragraph “c” , 23 if, upon investigation, including a reasonable inquiry of the 24 older individual and other witnesses, if any, the officer has 25 probable cause to believe that an elder abuse assault has 26 been committed and that the alleged abuser used or displayed 27 a dangerous weapon as defined in section 702.7 in connection 28 with the assault. 29 e. A peace officer shall, with or without a warrant, arrest 30 a person under section 708.2D, subsection 2, paragraph “d” , 31 if, upon investigation, including a reasonable inquiry of the 32 older individual and other witnesses, if any, the officer has 33 probable cause to believe that an elder abuse assault has 34 been committed by knowingly impeding the normal breathing or 35 -19- SF 2239 (3) 85 pf/nh/jh 19/ 46

S.F. 2239 circulation of the blood of the older individual by applying 1 pressure to the throat or neck of the older individual or by 2 obstructing the nose or mouth of the older individual. 3 f. A peace officer shall, with or without a warrant, 4 arrest a person under section 708.2D, subsection 5, if, upon 5 investigation, including a reasonable inquiry of the alleged 6 victim and other witnesses, if any, the officer has probable 7 cause to believe that an elder abuse assault has been committed 8 by knowingly impeding the normal breathing or circulation of 9 the blood of an older individual by applying pressure to the 10 throat or neck of the older individual or by obstructing the 11 nose or mouth of the older individual, and causing bodily 12 injury. 13 g. A peace officer may, with or without a warrant, arrest 14 a person if, upon investigation, including a reasonable 15 inquiry of the older individual and other witnesses, if any, 16 the officer has probable cause to believe that elder abuse 17 constituting financial exploitation has been committed by the 18 person. 19 3. A peace officer is not civilly or criminally liable for 20 actions taken pursuant to this section taken in good faith. 21 Sec. 15. NEW SECTION . 231G.15 Prohibition against referral. 22 In a criminal action arising from elder abuse, the 23 prosecuting attorney or court shall not refer or order the 24 parties involved to mediation or other nonjudicial procedures 25 prior to judicial resolution of the action. 26 Sec. 16. NEW SECTION . 231G.16 Application for designation 27 and funding as a provider of services for victims of elder abuse. 28 Upon receipt of state or federal funding designated for 29 victims of elder abuse by the department, the department 30 shall designate and award grants to provide emergency shelter 31 services and support services to victims of elder abuse. A 32 public or private nonprofit organization may apply to the 33 department for designation and funding as a provider of 34 emergency shelter services and support services to victims 35 -20- SF 2239 (3) 85 pf/nh/jh 20/ 46

S.F. 2239 of elder abuse. The application shall be submitted on a 1 form prescribed by the department and shall include but not 2 be limited to information regarding services to be provided, 3 budget projections, and security measures. 4 Sec. 17. NEW SECTION . 231G.17 Department powers. 5 1. The department may consult and cooperate with all public 6 and private agencies which may provide services to victims of 7 elder abuse, including but not limited to legal and social 8 services. 9 2. The department may accept, use, and dispose of 10 contributions of money, services, and property made available 11 by an agency or department of the state or federal government, 12 or a private agency or individual to address elder abuse. 13 Sec. 18. NEW SECTION . 231G.18 Reference to certain criminal 14 provisions. 15 Provisions contained in this chapter shall not preclude 16 other relief available including certain criminal penalties and 17 provisions pertaining to elder abuse, elder abuse assault, and 18 violations of protective orders set forth in chapter 664A and 19 sections 708.2D, 714.16A, 726.24, and 726.25. 20 Sec. 19. NEW SECTION . 231G.19 Foreign protective orders 21 —— registration —— enforcement. 22 1. As used in this section, “foreign protective order” means 23 a protective order entered by a court of another state, Indian 24 tribe, or United States territory that would be an order or 25 court-approved consent agreement entered under this chapter 26 or chapter 664A, or an order that establishes conditions 27 of release or is a protective order or sentencing order in 28 a criminal prosecution arising from an elder abuse assault 29 pursuant to section 708.2D if it had been entered in Iowa. 30 2. A certified or authenticated copy of a permanent foreign 31 protective order may be filed with the clerk of the district 32 court in any county that would have venue if the original 33 action was being commenced in this state or in which the person 34 in whose favor the order was entered may be present. 35 -21- SF 2239 (3) 85 pf/nh/jh 21/ 46

S.F. 2239 a. The clerk shall file foreign protective orders that are 1 not certified or authenticated, if supported by an affidavit of 2 a person with personal knowledge, subject to the penalties for 3 perjury. The person protected by the order may provide this 4 affidavit. 5 b. The clerk shall provide copies of the order as required 6 by section 231G.8, except that notice shall not be provided to 7 the respondent without the express written direction of the 8 person in whose favor the order was entered. 9 3. a. A valid foreign protective order has the same effect 10 and shall be enforced in the same manner as a protective order 11 issued in this state whether or not filed with a clerk of court 12 or otherwise placed in a registry of protective orders. 13 b. A foreign protective order is valid if it meets all of 14 the following conditions: 15 (1) The order states the name of the protected individual 16 and the individual against whom enforcement is sought. 17 (2) The order has not expired or has not otherwise been 18 terminated. 19 (3) The order was issued by a court or tribunal that had 20 jurisdiction over the parties and subject matter under the law 21 of the foreign jurisdiction. 22 (4) The order was issued in accordance with the respondent’s 23 due process rights, either after the respondent was provided 24 with reasonable notice and an opportunity to be heard before 25 the court or tribunal that issued the order, or in the case 26 of an ex parte order, the respondent was granted notice and 27 opportunity to be heard within a reasonable time after the 28 order was issued. 29 c. Proof that a foreign protective order failed to meet all 30 of the factors listed in paragraph “b” shall be an affirmative 31 defense in any action seeking enforcement of the order. 32 4. A peace officer shall treat a foreign protective order as 33 a valid legal document and shall make an arrest for a violation 34 of the foreign protective order in the same manner that a peace 35 -22- SF 2239 (3) 85 pf/nh/jh 22/ 46

S.F. 2239 officer would make an arrest for a violation of a protective 1 order issued within this state. 2 a. The fact that a foreign protective order has not been 3 filed with the clerk of court or otherwise placed in a registry 4 shall not be grounds to refuse to enforce the terms of the 5 order unless it is apparent to the officer that the order is 6 invalid on its face. 7 b. A peace officer acting reasonably and in good faith in 8 connection with the enforcement of a foreign protective order 9 shall be immune from civil and criminal liability in any action 10 arising in connection with such enforcement. 11 5. Filing and service costs in connection with foreign 12 protective orders are waived as provided in section 231G.3. 13 Sec. 20. CODE EDITOR DIRECTIVES. The Code editor shall do 14 all of the following: 15 1. Title new chapter 231G, as enacted in this Act, 16 the “Elder Abuse Response Act”, containing the following 17 subchapters: 18 a. Subchapter I, entitled “Elder abuse —— definitions”, 19 which includes section 231G.1, as enacted in this Act. 20 b. Subchapter II, entitled “Elder abuse resource and 21 referral initiative”, which includes section 231G.2, as enacted 22 in this Act. 23 c. Subchapter III, entitled “Relief from elder abuse”, 24 which includes sections 231G.3 through 231G.19, as enacted in 25 this Act. 26 2. Correct internal references as necessary. 27 DIVISION II 28 OTHER CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS 29 Sec. 21. NEW SECTION . 708.2D Elder abuse assault —— 30 mandatory minimums, penalties enhanced —— extension of no-contact 31 order. 32 1. For the purposes of this chapter, “elder abuse assault” 33 means an assault, as defined in section 708.1, of an older 34 individual as defined in section 231G.1. 35 -23- SF 2239 (3) 85 pf/nh/jh 23/ 46

S.F. 2239 2. On a first offense of elder abuse assault, the person 1 commits: 2 a. A simple misdemeanor, except as otherwise provided. 3 b. A serious misdemeanor if the elder abuse assault causes 4 bodily injury or mental illness. 5 c. An aggravated misdemeanor if the elder abuse assault is 6 committed with the intent to inflict a serious injury upon an 7 older individual or if the person uses or displays a dangerous 8 weapon in connection with the assault. This paragraph does not 9 apply if section 708.6 or 708.8 applies. 10 d. An aggravated misdemeanor if the elder abuse assault 11 is committed by knowingly impeding the normal breathing or 12 circulation of the blood of an older individual by applying 13 pressure to the throat or neck of the older individual or by 14 obstructing the nose or mouth of the older individual. 15 3. Except as otherwise provided in subsection 2, on a second 16 offense of elder abuse assault, a person commits: 17 a. A serious misdemeanor if the first offense was classified 18 as a simple misdemeanor and the second offense would otherwise 19 be classified as a simple misdemeanor. 20 b. An aggravated misdemeanor if the first offense was 21 classified as a simple or aggravated misdemeanor, and the 22 second offense would otherwise be classified as a serious 23 misdemeanor, or the first offense was classified as a serious 24 or aggravated misdemeanor, and the second offense would 25 otherwise be classified as a simple or serious misdemeanor. 26 4. On a third or subsequent offense of elder abuse assault, 27 a person commits a class “D” felony. 28 5. For an elder abuse assault committed by knowingly 29 impeding the normal breathing or circulation of the blood of an 30 older individual by applying pressure to the throat or neck of 31 the older individual or by obstructing the nose or mouth of the 32 older individual, and causing bodily injury, the person commits 33 a class “D” felony. 34 6. a. A conviction for, deferred judgment for, or plea of 35 -24- SF 2239 (3) 85 pf/nh/jh 24/ 46

S.F. 2239 guilty to, a violation of this section which occurred more than 1 twelve years prior to the date of the violation charged shall 2 not be considered in determining that the violation charged is 3 a second or subsequent offense. 4 b. For the purpose of determining if a violation charged 5 is a second or subsequent offense, deferred judgments issued 6 pursuant to section 907.3 for violations of section 708.2 7 or this section, which were issued on elder abuse assaults, 8 and convictions or the equivalent of deferred judgments for 9 violations in any other states under statutes substantially 10 corresponding to this section shall be counted as previous 11 offenses. The courts shall judicially notice the statutes of 12 other states which define offenses substantially equivalent 13 to the offenses defined in this section and can therefore be 14 considered corresponding statutes. Each previous violation on 15 which conviction or deferral of judgment was entered prior to 16 the date of the offense charged shall be considered and counted 17 as a separate previous offense. 18 c. An offense shall be considered a prior offense regardless 19 of whether it was committed upon the same victim. 20 7. a. A person convicted of violating subsection 2 or 3 21 shall serve a minimum term of two days of the sentence imposed 22 by law, and shall not be eligible for suspension of the minimum 23 sentence. The minimum term shall be served on consecutive 24 days. The court shall not impose a fine in lieu of the minimum 25 sentence, although a fine may be imposed in addition to the 26 minimum sentence. This section does not prohibit the court 27 from sentencing and the person from serving the maximum term of 28 confinement or from paying the maximum fine permitted pursuant 29 to chapters 902 and 903, and does not prohibit the court from 30 entering a deferred judgment or sentence pursuant to section 31 907.3, if the person has not previously received a deferred 32 sentence or judgment for a violation of section 708.2 or this 33 section which was issued on an elder abuse assault. 34 b. A person convicted of violating subsection 4 shall 35 -25- SF 2239 (3) 85 pf/nh/jh 25/ 46

S.F. 2239 be sentenced as provided under section 902.9, subsection 1, 1 paragraph “e” , and shall be denied parole or work release until 2 the person has served a minimum of one year of the person’s 3 sentence. Notwithstanding section 901.5, subsections 1, 3, and 4 5, and section 907.3, the person cannot receive a suspended or 5 deferred sentence or a deferred judgment; however, the person 6 sentenced shall receive credit for any time the person was 7 confined in a jail or detention facility following arrest. 8 8. If a person is convicted for, receives a deferred 9 judgment for, or pleads guilty to a violation of this section, 10 the court shall modify the no-contact order issued upon initial 11 appearance in the manner provided in section 664A.5, regardless 12 of whether the person is placed on probation. 13 9. The clerk of the district court shall provide notice 14 and copies of a judgment entered under this section to the 15 applicable law enforcement agencies and the twenty-four-hour 16 dispatcher for the law enforcement agencies, in the manner 17 provided for protective orders under section 231G.8. The 18 clerk shall provide notice and copies of modifications of the 19 judgment in the same manner. 20 Sec. 22. NEW SECTION . 726.24 Financial exploitation of an 21 older individual. 22 1. A person commits financial exploitation of an older 23 individual when the person stands in a position of trust or 24 confidence with the older individual and knowingly and by undue 25 influence, deception, coercion, fraud, breach of fiduciary 26 duty, or extortion, obtains control over or otherwise uses the 27 benefits, property, resources, belongings, or assets of the 28 older individual. 29 2. A person who commits financial exploitation of an older 30 individual is guilty of the following, as applicable: 31 a. A serious misdemeanor if the value of the benefits, 32 property, resources, belongings, or assets is one hundred 33 dollars or less. 34 b. An aggravated misdemeanor if the value of the benefits, 35 -26- SF 2239 (3) 85 pf/nh/jh 26/ 46

S.F. 2239 property, resources, belongings, or assets exceeds one hundred 1 dollars but does not exceed one thousand dollars. 2 c. A class “D” felony if the value of the benefits, 3 property, resources, belongings, or assets exceeds one thousand 4 dollars but does not exceed ten thousand dollars. 5 d. A class “C” felony if the value of the benefits, 6 property, resources, belongings, or assets exceeds ten thousand 7 dollars but does not exceed fifty thousand dollars. 8 e. A class “B” felony if the value of the benefits, 9 property, resources, belongings, or assets exceeds fifty 10 thousand dollars, or if the older individual is seventy years 11 of age to eighty years of age and the value of the benefits, 12 property, resources, belongings, or assets is fifteen thousand 13 dollars or more, or if the older individual is eighty years 14 of age or older and the value of the benefits, property, 15 resources, belongings, or assets is five thousand dollars or 16 more. 17 3. Nothing in this section shall be construed to limit other 18 remedies available to the older individual including those 19 provided under chapters 231G and 236. 20 4. A person alleged to have committed a violation under 21 this section shall be charged with the respective offense 22 cited, unless a charge may be brought based upon a more serious 23 offense, in which case the charge of the more serious offense 24 shall supersede the less serious charge. 25 5. Nothing in this section shall be construed to impose 26 criminal liability on a person who has made a good-faith effort 27 to assist an older individual in the management of the older 28 individual’s benefits, property, resources, belongings, or 29 assets, but through no fault of the person, the person has been 30 unable to provide such assistance. 31 6. It shall not be a defense to financial exploitation of 32 an older individual that the alleged perpetrator did not know 33 the age of the older individual or reasonably believed that the 34 alleged victim was not an older individual. 35 -27- SF 2239 (3) 85 pf/nh/jh 27/ 46

S.F. 2239 7. For the purposes of this section: 1 a. “Caregiver” means the same as defined in section 231G.1. 2 b. “Coercion” means communication or conduct which compels 3 an older individual to act or refrain from acting against the 4 older individual’s will. 5 c. “Fiduciary” means the same as defined in section 231G.1. 6 d. “Older individual” means the same as defined in section 7 231G.1. 8 e. “Stands in a position of trust or confidence” means the 9 person has any of the following relationships relative to the 10 older individual: 11 (1) Is a parent, spouse, adult child, or other relative by 12 consanguinity or affinity of the older individual. 13 (2) Is a joint tenant or tenant in common with the older 14 individual. 15 (3) Has a legal or fiduciary relationship with the older 16 individual. 17 (4) Is a financial planning or investment professional 18 providing or offering to provide financial planning or 19 investment advice to the older individual. 20 (5) Is a beneficiary of the older individual in a governing 21 instrument. 22 (6) Is a caregiver for the older individual. 23 (7) Is a person who is in a confidential relationship with 24 the older individual. The determination of the existence of a 25 confidential relationship is an issue of fact to be determined 26 by the court based upon the totality of the circumstances. 27 f. “Undue influence” means the same as defined in section 28 231G.1. 29 Sec. 23. NEW SECTION . 726.25 Dependent adult abuse —— 30 initiation of charges —— penalty. 31 1. A charge of dependent adult abuse may be initiated by 32 the office of the attorney general, a county attorney, or a law 33 enforcement agency. 34 2. A caretaker who intentionally commits dependent adult 35 -28- SF 2239 (3) 85 pf/nh/jh 28/ 46

S.F. 2239 abuse is guilty of a class “C” felony if the intentional 1 dependent adult abuse results in serious injury. 2 3. A caretaker who recklessly commits dependent adult abuse 3 is guilty of a class “D” felony if the reckless dependent adult 4 abuse results in serious injury. 5 4. A caretaker who intentionally commits dependent adult 6 abuse is guilty of a class “C” felony if the intentional 7 dependent adult abuse results in physical injury. 8 5. A caretaker who commits dependent adult abuse by 9 exploitation of a dependent adult is guilty of a class “D” 10 felony if the value of the property, assets, or resources 11 exceeds one hundred dollars. 12 6. A caretaker who recklessly commits dependent adult 13 abuse is guilty of an aggravated misdemeanor if the reckless 14 dependent adult abuse results in physical injury. 15 7. A caretaker who otherwise intentionally or knowingly 16 commits dependent adult abuse is guilty of a serious 17 misdemeanor. 18 8. A caretaker who commits dependent adult abuse by 19 exploitation of a dependent adult is guilty of a simple 20 misdemeanor if the value of the property, assets, or resources 21 is one hundred dollars or less. 22 9. A caretaker alleged to have committed dependent adult 23 abuse shall be charged with the respective offense cited, 24 unless a charge may be brought based upon a more serious 25 offense, in which case the charge of the more serious offense 26 shall supersede the less serious charge. 27 10. For the purposes of this section, “caretaker” , 28 “dependent adult” , “dependent adult abuse” , “exploitation” , 29 “recklessly” , and “serious injury” mean the same as defined or 30 described in section 235B.2. 31 Sec. 24. Section 714.16A, Code 2014, is amended to read as 32 follows: 33 714.16A Additional civil penalty for consumer frauds 34 committed against elderly older individual —— fund established. 35 -29- SF 2239 (3) 85 pf/nh/jh 29/ 46

S.F. 2239 1. a. If a person violates section 714.16 , and the 1 violation is committed against an older person individual , 2 in an action brought by the attorney general, in addition to 3 any other civil penalty, the court may impose an additional 4 civil penalty not to exceed five thousand dollars for each 5 such violation. Additionally, the attorney general may 6 accept a civil penalty as determined by the attorney general 7 in settlement of an investigation of a violation of section 8 714.16 , regardless of whether an action has been filed pursuant 9 to section 714.16 . 10 b. A civil penalty imposed by a court or determined and 11 accepted by the attorney general pursuant to this section shall 12 be paid to the treasurer of state, who shall deposit the money 13 in the elderly older individual victim fund, a separate fund 14 created in the state treasury and administered by the attorney 15 general for the investigation and prosecution of frauds against 16 the elderly older individuals . Notwithstanding section 8.33 , 17 any balance in the fund on June 30 of any fiscal year shall 18 not revert to the general fund of the state. An award of 19 reimbursement pursuant to section 714.16 has priority over a 20 civil penalty imposed by the court pursuant to this subsection . 21 2. In determining whether to impose a civil penalty under 22 subsection 1 , and the amount of any such penalty, the court 23 shall consider the following: 24 a. Whether the defendant’s conduct was in willful disregard 25 of the rights of the older person individual . 26 b. Whether the defendant knew or should have known that the 27 defendant’s conduct was directed to an older person individual . 28 c. Whether the older person individual was substantially 29 more vulnerable to the defendant’s conduct because of age, poor 30 health, infirmity, impaired understanding, restricted mobility, 31 or disability, than other persons. 32 d. Any other factors the court deems appropriate. 33 3. As used in this section , “older person” individual” means 34 a person who is sixty-five years of age or older the same as 35 -30- SF 2239 (3) 85 pf/nh/jh 30/ 46

S.F. 2239 defined in section 231G.1 . 1 Sec. 25. REPEAL. Section 235B.20, Code 2014, is repealed. 2 Sec. 26. CODE EDITOR DIRECTIVES. The Code editor shall do 3 all of the following: 4 1. Create a new subchapter in chapter 726, entitled 5 “Resident, Dependent Adult, and Older Individual Protection” 6 that includes sections 726.24 and 726.25, as enacted in this 7 Act. 8 2. a. Transfer sections 726.7 and 726.8, Code 2014, to 9 the new subchapter and renumber the transferred sections as 10 follows: 11 (1) Section 726.7 as section 726.26. 12 (2) Section 726.8 as section 726.27. 13 b. Correct internal references as necessary. 14 3. Revise the title of chapter 726 to read “Protections 15 for the family, dependent persons, residents of health care 16 facilities, and older individuals”. 17 DIVISION III 18 ADDITIONAL PROVISIONS —— OLDER INDIVIDUALS 19 Sec. 27. Section 135.11, subsection 24, Code 2014, is 20 amended to read as follows: 21 24. Review and approve mandatory reporter training 22 curricula for those persons who work in a position 23 classification that under law makes the persons mandatory 24 reporters of child or dependent adult abuse and the position 25 classification does not have a mandatory reporter training 26 curriculum approved by a licensing or examining board. The 27 department shall collaborate with the department on aging 28 in approving a curriculum to satisfy the combined training 29 requirements pursuant to section 235B.16, subsection 5. 30 Sec. 28. Section 231.23, Code 2014, is amended by adding the 31 following new subsections: 32 NEW SUBSECTION . 14. Develop and maintain, in consultation 33 with the department of human services and the department of 34 inspections and appeals, a dependent adult abuse mandatory 35 -31- SF 2239 (3) 85 pf/nh/jh 31/ 46

S.F. 2239 reporter training curriculum for those persons who work in 1 a position classification that under law makes the persons 2 mandatory reporters of dependent adult abuse and the position 3 classification does not have a mandatory reporter training 4 curriculum approved by a licensing or examining board. The 5 curriculum shall provide information regarding available 6 resources, referral and support services, and intervention 7 options including those pursuant to chapters 231G, 235B, and 8 235E. The department shall collaborate with the department of 9 human services and the department of public health in approving 10 a curriculum to satisfy the combined training requirements 11 pursuant to section 235B.16, subsection 5. 12 NEW SUBSECTION . 15. Certify trainers to provide the 13 dependent adult abuse mandatory reporter training curriculum 14 developed and maintained by the department. A trainer shall 15 not utilize the department’s curriculum unless the trainer has 16 been certified by completing the department’s required training 17 program. The department’s training program shall include but 18 is not limited to information on laws, rules, and regulations 19 relating to dependent adults and available resources, referral 20 and support services, and intervention options including those 21 available pursuant to chapters 231G, 235B, and 235E. The 22 department shall adopt rules relating to trainer certification 23 including but not limited to issuance, renewal, and revocation 24 of certification. 25 Sec. 29. Section 235B.6, subsection 2, paragraph e, 26 subparagraph (5), Code 2014, is amended to read as follows: 27 (5) The office of the attorney for the department who is 28 responsible for representing the department general . 29 Sec. 30. Section 235B.6, subsection 3, Code 2014, is amended 30 to read as follows: 31 3. Access to unfounded dependent adult abuse information is 32 authorized only to those persons identified in subsection 2 , 33 paragraph “a” , paragraph “b” , subparagraphs (2), (5), and (6), 34 and paragraph “e” , subparagraphs (2) , (5), and (10). 35 -32- SF 2239 (3) 85 pf/nh/jh 32/ 46

S.F. 2239 Sec. 31. Section 235B.16, subsections 1, 2, and 3, Code 1 2014, are amended to read as follows: 2 1. The department on aging, in cooperation with the 3 department, shall conduct a public information and education 4 program. The elements and goals of the program include but are 5 not limited to: 6 a. Informing the public regarding the laws governing 7 dependent adult abuse and elder abuse, the reporting 8 requirements for dependent adult abuse , and the resource and 9 referral options available under this chapter and chapters 231G 10 and 235E . 11 b. Providing caretakers with information regarding services 12 to alleviate the emotional, psychological, physical, or 13 financial stress associated with the caretaker and dependent 14 adult relationship. 15 c. Affecting public attitudes regarding the role of a 16 dependent adult adults and older individuals in society. 17 2. The department on aging , in cooperation with the 18 department on aging of human services and the department of 19 inspections and appeals, shall institute a program of education 20 and training for persons, including members of provider groups 21 and family members, who may come in contact with encounter 22 dependent adult abuse or elder abuse . The program shall 23 include but is not limited to instruction regarding recognition 24 of dependent adult abuse and elder abuse and the procedure for 25 the reporting of suspected abuse. 26 3. The content of the continuing education required 27 pursuant to chapter 272C for a licensed professional providing 28 care or service to a dependent adult shall include, but is 29 not limited to, the responsibilities, obligations, powers, 30 and duties of a person regarding the reporting of suspected 31 dependent adult abuse, and training to aid the professional 32 in identifying instances of dependent adult abuse , and the 33 resource and referral options available under this chapter and 34 chapters 231G and 235E to address dependent adult abuse and 35 -33- SF 2239 (3) 85 pf/nh/jh 33/ 46

S.F. 2239 elder abuse . 1 Sec. 32. Section 235B.16, subsection 5, paragraphs d and e, 2 Code 2014, are amended to read as follows: 3 d. The person may complete the initial or additional 4 training requirements as a part of any of the following that 5 are applicable to the person: 6 (1) A continuing education program required under chapter 7 272C and approved by the appropriate licensing board. 8 (2) A training program using a the curriculum approved by 9 the director of public health department on aging pursuant to 10 section 135.11 231.23 . 11 (3) A training program using such an approved the curriculum 12 approved by the department on aging pursuant to section 231.23 13 and offered by the department of human services, the department 14 on aging, the department of inspections and appeals, the Iowa 15 law enforcement academy, or a similar public agency. 16 e. A person required to complete both child abuse and 17 dependent adult abuse mandatory reporter training may complete 18 the training through a program which combines child abuse and 19 dependent adult abuse curricula and thereby meet the training 20 requirements of both this subsection and section 232.69 21 simultaneously. A person who is a mandatory reporter for both 22 child abuse and dependent adult abuse may satisfy the combined 23 training requirements of this subsection and section 232.69 24 through completion of a two-hour four-hour training program, 25 if the training program curriculum provides equal coverage of 26 both child and dependent adult abuse and is approved by the 27 appropriate licensing board or collaboratively by the director 28 of public health pursuant to section 135.11 and the department 29 on aging pursuant to section 231.23, as applicable . 30 Sec. 33. Section 235B.16, Code 2014, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 7. For the purposes of this section, 33 “elder abuse” and “older individual” mean the same as defined 34 in section 231G.1. 35 -34- SF 2239 (3) 85 pf/nh/jh 34/ 46

S.F. 2239 DIVISION IV 1 CONFORMING CHANGES 2 Sec. 34. Section 13.2, subsection 1, Code 2014, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . o. Develop written procedures and policies 5 to be followed by prosecuting attorneys in the prosecution of 6 elder abuse, elder abuse assault, consumer frauds committed 7 against an older individual, and financial exploitation of 8 an older individual under chapter 231G and sections 708.2D, 9 714.16A, 726.24, and 726.25. 10 Sec. 35. Section 13.31, subsection 3, Code 2014, is amended 11 to read as follows: 12 3. Administer the domestic abuse program provided in 13 chapter 236 and elder abuse actions commenced under chapter 14 231G . 15 Sec. 36. Section 135B.7, Code 2014, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 5. The department shall also adopt rules 18 requiring hospitals to establish and implement protocols for 19 responding to the needs of patients who are victims of elder 20 abuse, as defined in section 231G.1. 21 Sec. 37. Section 231.64, subsection 1, Code 2014, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . d. The primary point of entry for the elder 24 abuse resource and referral program created in chapter 231G. 25 Sec. 38. Section 232.8, subsection 1, Code 2014, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . e. The juvenile court shall have 28 jurisdiction in proceedings commenced against a child pursuant 29 to section 231G.3 over which the district court has waived its 30 jurisdiction. The juvenile court shall hear the action in the 31 manner of an adjudicatory hearing under section 232.47, subject 32 to the following: 33 (1) The juvenile court shall abide by the provisions of 34 sections 231G.7 and 231G.9 in holding hearings and making a 35 -35- SF 2239 (3) 85 pf/nh/jh 35/ 46

S.F. 2239 disposition. 1 (2) The plaintiff is entitled to proceed pro se under 2 sections 231G.4 and 231G.5. 3 Sec. 39. Section 232.22, subsection 1, Code 2014, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . h. There is probable cause to believe 6 that the child has committed a delinquent act which would be 7 elder abuse under chapter 231G or an elder abuse assault under 8 section 708.2D if committed by an adult. 9 Sec. 40. Section 232.52, subsection 2, Code 2014, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . i. In the case of a child adjudicated 12 delinquent for an act which would be a violation of chapter 13 231G or section 708.2D if committed by an adult, an order 14 requiring the child to attend a batterers’ treatment program 15 under section 708.2B. 16 Sec. 41. Section 331.424, subsection 1, paragraph a, 17 subparagraph (6), Code 2014, is amended to read as follows: 18 (6) The maintenance and operation of the courts, including 19 but not limited to the salary and expenses of the clerk of the 20 district court and other employees of the clerk’s office, and 21 bailiffs, court costs if the prosecution fails or if the costs 22 cannot be collected from the person liable, costs and expenses 23 of prosecution under section 189A.17 , salaries and expenses 24 of juvenile court officers under chapter 602 , court-ordered 25 costs in domestic abuse cases under section 236.5 and elder 26 abuse cases under section 231G.8 , the county’s expense 27 for confinement of prisoners under chapter 356A , temporary 28 assistance to the county attorney, county contributions to a 29 retirement system for bailiffs, reimbursement for judicial 30 magistrates under section 602.6501 , claims filed under section 31 622.93 , interpreters’ fees under section 622B.7 , uniform 32 citation and complaint supplies under section 805.6 , and costs 33 of prosecution under section 815.13 . 34 Sec. 42. Section 507B.4, subsection 3, paragraph g, Code 35 -36- SF 2239 (3) 85 pf/nh/jh 36/ 46

S.F. 2239 2014, is amended by adding the following new subparagraph: 1 NEW SUBPARAGRAPH . (4) Making or permitting any 2 discrimination in the sale of insurance solely on the basis of 3 elder abuse as defined in section 231G.1. 4 Sec. 43. Section 562A.27A, subsection 3, paragraph a, 5 subparagraph (1), Code 2014, is amended to read as follows: 6 (1) The tenant seeks a protective order, restraining 7 order, order to vacate the homestead, or other similar relief 8 pursuant to chapter 231G, 236 , 598 , 664A , or 915 , or any other 9 applicable provision which would apply to the person conducting 10 the activities causing the clear and present danger. 11 Sec. 44. Section 562B.25A, subsection 3, paragraph a, 12 subparagraph (1), Code 2014, is amended to read as follows: 13 (1) The tenant seeks a protective order, restraining 14 order, order to vacate the homestead, or other similar relief 15 pursuant to chapter 231G, 236 , 598 , 664A , or 915 , or any other 16 applicable provision which would apply to the person conducting 17 the activities causing the clear and present danger. 18 Sec. 45. Section 598.7, subsection 1, Code 2014, is amended 19 to read as follows: 20 1. The district court may, on its own motion or on the 21 motion of any party, order the parties to participate in 22 mediation in any dissolution of marriage action or other 23 domestic relations action. Mediation performed under this 24 section shall comply with the provisions of chapter 679C . 25 The provisions of this section shall not apply if the action 26 involves a child support or medical support obligation enforced 27 by the child support recovery unit. The provisions of this 28 section shall not apply to actions which involve elder abuse 29 as defined in section 231G.1 or domestic abuse pursuant 30 to chapter 236 . The provisions of this section shall not 31 affect a judicial district’s or court’s authority to order 32 settlement conferences pursuant to rules of civil procedure. 33 The court shall, on application of a party, grant a waiver 34 from any court-ordered mediation under this section if the 35 -37- SF 2239 (3) 85 pf/nh/jh 37/ 46

S.F. 2239 party demonstrates that a history of domestic abuse exists as 1 specified in section 598.41, subsection 3 , paragraph “j” . 2 Sec. 46. Section 598.16, subsection 7, Code 2014, is amended 3 to read as follows: 4 7. Upon application, the court shall grant a waiver from 5 the requirements of this section if a party demonstrates that 6 a history of elder abuse, as defined in section 231G.1, or 7 domestic abuse, as defined in section 236.2 , exists. 8 a. In determining whether a history of elder abuse exists, 9 the court’s consideration shall include but is not limited 10 to commencement of an action pursuant to section 231G.3, the 11 issuance of a court order or consent agreement pursuant to 12 section 231G.8, the issuance of an emergency order pursuant to 13 section 231G.9, the holding of a party in contempt pursuant to 14 section 664A.7, the response of a peace officer to the scene 15 of alleged elder abuse, or the arrest of a party following 16 response to a report of alleged elder abuse, or a conviction 17 for elder abuse assault pursuant to section 708.2D. 18 b. In determining whether a history of domestic abuse 19 exists, the court’s consideration shall include but is not 20 limited to commencement of an action pursuant to section 236.3 , 21 the issuance of a protective order against a party or the 22 issuance of a court order or consent agreement pursuant to 23 section 236.5 , the issuance of an emergency order pursuant to 24 section 236.6 , the holding of a party in contempt pursuant to 25 section 664A.7 , the response of a peace officer to the scene 26 of alleged domestic abuse or the arrest of a party following 27 response to a report of alleged domestic abuse, or a conviction 28 for domestic abuse assault pursuant to section 708.2A . 29 Sec. 47. Section 598.41, subsection 3, paragraph j, Code 30 2014, is amended to read as follows: 31 j. Whether a history of elder abuse, as defined in section 32 231G.1 or domestic abuse, as defined in section 236.2 , exists. 33 (1) In determining whether a history of elder abuse exists, 34 the court’s consideration shall include but is not limited 35 -38- SF 2239 (3) 85 pf/nh/jh 38/ 46

S.F. 2239 to commencement of an action pursuant to section 231G.3, the 1 issuance of a court order or consent agreement pursuant to 2 section 231G.8, the issuance of an emergency order pursuant to 3 section 231G.9, the holding of a party in contempt pursuant to 4 section 664A.7, the response of a peace officer to the scene of 5 alleged elder abuse or the arrest of a party following response 6 to a report of alleged elder abuse, or a conviction for elder 7 abuse assault pursuant to section 708.2D. 8 (2) In determining whether a history of domestic abuse 9 exists, the court’s consideration shall include but is not 10 limited to commencement of an action pursuant to section 236.3 , 11 the issuance of a protective order against the parent or the 12 issuance of a court order or consent agreement pursuant to 13 section 236.5 , the issuance of an emergency order pursuant to 14 section 236.6 , the holding of a parent in contempt pursuant to 15 section 664A.7 , the response of a peace officer to the scene 16 of alleged domestic abuse or the arrest of a parent following 17 response to a report of alleged domestic abuse, or a conviction 18 for domestic abuse assault pursuant to section 708.2A . 19 Sec. 48. Section 598.41D, subsection 4, paragraph b, 20 subparagraph (2), Code 2014, is amended to read as follows: 21 (2) That the specified family member does not have a history 22 of elder abuse, as defined in section 231G.1 or domestic abuse, 23 as defined in section 236.2 . 24 (a) In determining whether a history of elder abuse exists, 25 the court’s consideration shall include but is not limited 26 to commencement of an action pursuant to section 231G.3, the 27 issuance of a court order or consent agreement pursuant to 28 section 231G.8, the issuance of an emergency order pursuant to 29 section 231G.9, the holding of a party in contempt pursuant to 30 section 664A.7, the response of a peace officer to the scene of 31 alleged elder abuse or the arrest of a party following response 32 to a report of alleged elder abuse, or a conviction for elder 33 abuse assault pursuant to section 708.2D. 34 (b) In determining whether a history of domestic abuse 35 -39- SF 2239 (3) 85 pf/nh/jh 39/ 46

S.F. 2239 exists, the court’s consideration shall include but is not 1 limited to commencement of an action pursuant to section 236.3 , 2 the issuance of a protective order against the individual or 3 the issuance of a court order or consent agreement pursuant 4 to section 236.5 , the issuance of an emergency order pursuant 5 to section 236.6 , the holding of an individual in contempt 6 pursuant to section 664A.7 , the response of a peace officer 7 to the scene of alleged domestic abuse or the arrest of an 8 individual following response to a report of alleged domestic 9 abuse, or a conviction for domestic abuse assault pursuant to 10 section 708.2A . 11 Sec. 49. Section 598.42, Code 2014, is amended to read as 12 follows: 13 598.42 Notice of certain orders by clerk of court. 14 The clerk of the district court shall provide notice and 15 copies of temporary or permanent protective orders and orders 16 to vacate the homestead entered pursuant to this chapter to 17 the applicable law enforcement agencies and the twenty-four 18 hour dispatcher for the law enforcement agencies, in the manner 19 provided for protective orders under section 231G.8 or 236.5 . 20 The clerk shall provide notice and copies of modifications or 21 vacations of these orders in the same manner. 22 Sec. 50. Section 602.6306, subsection 2, Code 2014, is 23 amended to read as follows: 24 2. District associate judges also have jurisdiction 25 in civil actions for money judgment where the amount in 26 controversy does not exceed ten thousand dollars; jurisdiction 27 over involuntary commitment, treatment, or hospitalization 28 proceedings under chapters 125 and 229 ; jurisdiction of 29 indictable misdemeanors, class “D” felony violations, and 30 other felony arraignments; jurisdiction to enter a temporary 31 or emergency order of protection under chapter 231G or 236 , 32 and to make court appointments and set hearings in criminal 33 matters; jurisdiction to enter orders in probate which do not 34 require notice and hearing and to set hearings in actions under 35 -40- SF 2239 (3) 85 pf/nh/jh 40/ 46

S.F. 2239 chapter 633 or 633A ; and the jurisdiction provided in section 1 602.7101 when designated as a judge of the juvenile court. 2 While presiding in these subject matters a district associate 3 judge shall employ district judges’ practice and procedure. 4 Sec. 51. Section 611.23, Code 2014, is amended to read as 5 follows: 6 611.23 Civil actions involving allegations of elder abuse, 7 sexual abuse , or domestic abuse —— counseling. 8 In a civil case in which a plaintiff is seeking relief or 9 damages for alleged elder abuse as defined in section 231G.1, 10 sexual abuse as defined in section 709.1 , or domestic abuse 11 as defined in section 236.2 , the plaintiff may seek, and the 12 court may grant, an order requiring the defendant to receive 13 professional counseling, in addition to any other appropriate 14 relief or damages. 15 Sec. 52. Section 664A.1, subsection 2, Code 2014, is amended 16 to read as follows: 17 2. “Protective order” means a protective order issued 18 pursuant to chapter 232 , a court order or court-approved 19 consent agreement entered pursuant to this chapter or chapter 20 231G, including a valid foreign protective order under section 21 231G.19, a court order or court-approved consent agreement 22 entered pursuant to chapter 236 , including a valid foreign 23 protective order under section 236.19, subsection 3 , a 24 temporary or permanent protective order or order to vacate 25 the homestead under chapter 598 , or an order that establishes 26 conditions of release or is a protective order or sentencing 27 order in a criminal prosecution arising from a domestic abuse 28 assault under section 708.2A or elder abuse assault under 29 section 708.2D , or a civil injunction issued pursuant to 30 section 915.22 . 31 Sec. 53. Section 664A.2, Code 2014, is amended to read as 32 follows: 33 664A.2 Applicability. 34 1. This chapter applies to no-contact orders issued for 35 -41- SF 2239 (3) 85 pf/nh/jh 41/ 46

S.F. 2239 violations or alleged violations of sections 708.2A , 708.2D, 1 708.7 , 708.11 , 709.2 , 709.3 , and 709.4 , and any other public 2 offense for which there is a victim. 3 2. A protective order issued in a civil proceeding shall 4 be issued pursuant to chapter 231G, 232 , 236 , 598 , or 915 . 5 Punishment for a violation of a protective order shall be 6 imposed pursuant to section 664A.7 . 7 Sec. 54. Section 664A.3, subsection 1, unnumbered paragraph 8 1, Code 2014, is amended to read as follows: 9 When a person is taken into custody for contempt proceedings 10 pursuant to section 231G.13 or 236.11 , or arrested for any 11 public offense referred to in section 664A.2, subsection 1 , 12 and the person is brought before a magistrate for initial 13 appearance, the magistrate shall enter a no-contact order if 14 the magistrate finds both of the following: 15 Sec. 55. Section 664A.3, subsection 2, Code 2014, is amended 16 to read as follows: 17 2. Notwithstanding chapters 804 and 805 , a person taken 18 into custody pursuant to section 231G.13 or 236.11 , or arrested 19 pursuant to section 231G.14 or 236.12 may be released on bail 20 or otherwise only after initial appearance before a magistrate 21 as provided in chapter 804 and the rules of criminal procedure 22 or section 231G.13 or 236.11 , whichever is applicable. 23 Sec. 56. Section 664A.4, subsection 2, Code 2014, is amended 24 to read as follows: 25 2. The clerk of the district court shall provide a notice 26 and copy of the no-contact order to the appropriate law 27 enforcement agencies and the twenty-four-hour dispatcher for 28 the law enforcement agencies in the same manner as provided 29 in section 231G.8 or 236.5 , as applicable . The clerk of 30 the district court shall provide a notice and copy of a 31 modification or vacation of a no-contact order in the same 32 manner. 33 Sec. 57. Section 664A.5, Code 2014, is amended to read as 34 follows: 35 -42- SF 2239 (3) 85 pf/nh/jh 42/ 46

S.F. 2239 664A.5 Modification —— entry of permanent no-contact order. 1 If a defendant is convicted of, receives a deferred judgment 2 for, or pleads guilty to a public offense referred to in 3 section 664A.2, subsection 1 , or is held in contempt for a 4 violation of a no-contact order issued under section 664A.3 5 or for a violation of a protective order issued pursuant to 6 chapter 231G, 232 , 236 , 598 , or 915 , the court shall either 7 terminate or modify the temporary no-contact order issued 8 by the magistrate. The court may enter a no-contact order 9 or continue the no-contact order already in effect for a 10 period of five years from the date the judgment is entered or 11 the deferred judgment is granted, regardless of whether the 12 defendant is placed on probation. 13 Sec. 58. Section 664A.6, subsection 2, Code 2014, is amended 14 to read as follows: 15 2. a. If the peace officer is investigating a domestic 16 abuse assault pursuant to section 708.2A , the officer shall 17 also comply with sections 236.11 and 236.12 . 18 b. If the peace officer is investigating an elder abuse 19 assault pursuant to section 708.2D, the officer shall also 20 comply with sections 231G.13 and 231G.14. 21 Sec. 59. Section 664A.7, subsections 1, 3, and 5, Code 2014, 22 are amended to read as follows: 23 1. Violation of a no-contact order issued under this 24 chapter or a protective order issued pursuant to chapter 231G, 25 232 , 236 , or 598 , including a modified no-contact order, is 26 punishable by summary contempt proceedings. 27 3. If convicted of or held in contempt for a violation 28 of a no-contact order or a modified no-contact order for a 29 public offense referred to in section 664A.2, subsection 1 , 30 or held in contempt of a no-contact order issued during a 31 contempt proceeding brought pursuant to section 231G.13 or 32 236.11 , the person shall be confined in the county jail for 33 a minimum of seven days. A jail sentence imposed pursuant 34 to this subsection shall be served on consecutive days. No 35 -43- SF 2239 (3) 85 pf/nh/jh 43/ 46

S.F. 2239 portion of the mandatory minimum term of confinement imposed 1 by this subsection shall be deferred or suspended. A deferred 2 judgment, deferred sentence, or suspended sentence shall not 3 be entered for a violation of a no-contact order, modified 4 no-contact order, or protective order and the court shall not 5 impose a fine in lieu of the minimum sentence, although a fine 6 may be imposed in addition to the minimum sentence. 7 5. Violation of a no-contact order entered for the offense 8 or alleged offense of domestic abuse assault in violation of 9 section 708.2A , the offense or alleged offense of elder abuse 10 assault in violation of section 708.2D, or a violation of a 11 protective order issued pursuant to chapter 231G, 232 , 236 , 12 598 , or 915 constitutes a public offense and is punishable as 13 a simple misdemeanor. Alternatively, the court may hold a 14 person in contempt of court for such a violation, as provided 15 in subsection 3 . 16 Sec. 60. Section 804.7, Code 2014, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 7. If the peace officer has reasonable 19 grounds for believing that elder abuse, as defined in section 20 231G.1, has occurred and has reasonable grounds for believing 21 that the person to be arrested has committed it. 22 NEW SUBSECTION . 8. As required by section 231G.14, 23 subsection 2. 24 Sec. 61. Section 915.22, Code 2014, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 6. The clerk of the district court shall 27 provide notice and copies of restraining orders issued pursuant 28 to this section in a criminal case involving an alleged 29 violation of section 708.2D to the applicable law enforcement 30 agencies and the twenty-four-hour dispatcher for the law 31 enforcement agencies, in the manner provided for protective 32 orders under section 231G.8. The clerk shall provide notice 33 and copies of modifications or vacations of these orders in the 34 same manner. 35 -44- SF 2239 (3) 85 pf/nh/jh 44/ 46

S.F. 2239 Sec. 62. Section 915.23, subsection 1, Code 2014, is amended 1 to read as follows: 2 1. An employer shall not discharge an employee, or take 3 or fail to take action regarding an employee’s promotion or 4 proposed promotion, or take action to reduce an employee’s 5 wages or benefits for actual time worked, due to the service 6 of an employee as a witness in a criminal proceeding or as a 7 plaintiff, defendant, or witness in a civil proceeding pursuant 8 to chapter 231G or 236 . 9 Sec. 63. NEW SECTION . 915.50A General rights of elder abuse 10 victims. 11 In addition to other victim rights provided in this chapter, 12 victims of elder abuse shall have the following rights: 13 1. The right to file a pro se petition for relief from 14 elder abuse in the district court, pursuant to sections 231G.3 15 through 231G.12. 16 2. The right, pursuant to section 231G.14, for law 17 enforcement to remain on the scene, to assist the victim 18 in leaving the scene, to assist the victim in obtaining 19 transportation to medical care, and to provide the person 20 with a written statement of victim rights and information 21 about emergency shelters, support services, and the aging and 22 disability resource center network. 23 3. The right to receive a criminal no-contact order upon a 24 finding of probable cause, pursuant to section 664A.3. 25 Sec. 64. Section 915.82, subsection 1, paragraph a, 26 subparagraph (8), Code 2014, is amended to read as follows: 27 (8) A person representing the elderly older individuals . 28 Sec. 65. Section 915.94, Code 2014, is amended to read as 29 follows: 30 915.94 Victim compensation fund. 31 A victim compensation fund is established as a separate fund 32 in the state treasury. Moneys deposited in the fund shall 33 be administered by the department and dedicated to and used 34 for the purposes of section 915.41 and this subchapter . In 35 -45- SF 2239 (3) 85 pf/nh/jh 45/ 46

S.F. 2239 addition, the department may use moneys from the fund for the 1 purpose of the department’s prosecutor-based victim service 2 coordination, including the duties defined in sections 910.3 3 and 910.6 and this chapter , and for the award of funds to 4 programs that provide services and support to victims of elder 5 abuse as provided in chapter 231G, domestic abuse or sexual 6 assault as provided in chapter 236 , to victims under section 7 710A.2 , and for the support of an automated victim notification 8 system established in section 915.10A . The department may also 9 use up to one hundred thousand dollars from the fund to provide 10 training for victim service providers. Notwithstanding section 11 8.33 , any balance in the fund on June 30 of any fiscal year 12 shall not revert to the general fund of the state. 13 Sec. 66. CODE EDITOR DIRECTIVE. The Code editor shall 14 revise the subchapter VI heading under chapter 915 to 15 read “Victims of domestic abuse, elder abuse, and human 16 trafficking”. 17 -46- SF 2239 (3) 85 pf/nh/jh 46/ 46